Friday, March 8, 2013

Contempt: Must Show Direct Harm to Appeal a Finding of Noncontempt of an Opposing Party

Wife obtained a Temporary Order that required Husband to pay her health
insurance. Husband failed to pay for the insurance. The insurance cancelled her coverage. Husband
was found in contempt.

Husband and Wife agreed Husband reinstate the insurance. Husband failed to do so and was found in
contempt again, he was ordered him to serve the original 30 days for each
contempt. The parties also agreed that
they would “look into filing a bankruptcy.”
Husband filed bankruptcy. Wife did not.

Husband appealed both the
trial court’s failure to hold Wife in contempt for her failure to file
bankruptcy.

The Court evaluated first
whether a party has standing to appeal a failure of a court hold a person in
contempt. The Court determined in this
case that because Wife’s failure to file bankruptcy resulted in a
disproportionate property and alimony award, Husband did have standing because
a finding of contempt on that issue could have decreased his alimony obligation
and could have resulted in a more equitable property distribution. However, because the agreement was only to
“look into” filing bankruptcy, there was no requirement for wife to file
bankruptcy. The Court of Appeals affirmed
the trial court’s finding of noncotnempt.

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